§ 695i. — Authorization of Secretary of the Interior to contract for water delivery; nonreimbursable or nonreturnable basis of delivery.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC695i]
TITLE 16--CONSERVATION
CHAPTER 6--GAME AND BIRD PRESERVES; PROTECTION
Sec. 695i. Authorization of Secretary of the Interior to
contract for water delivery; nonreimbursable or nonreturnable
basis of delivery
The Secretary of the Interior is authorized to contract for the
delivery of water to public organizations or agencies for use within the
boundaries of such organizations or agencies for waterfowl purposes in
the Grasslands area of the San Joaquin Valley. If and when available,
such water shall be delivered from the Central Valley project to the
contracting entity, and the cost of furnishing the water shall not be
reimbursable or returnable under the Federal reclamation laws: Provided,
That, in order for the delivery of such water to continue on a
nonreimbursable or nonreturnable basis--
(a) Amount and time of water delivery to Service
the public organizations or agencies contracting with the
Secretary of the Interior, excluding the State of California, shall
deliver annually to the United States Fish and Wildlife Service
(hereinafter referred to as the ``Service''), at no cost to the
United States, not less than three thousand five hundred acre-feet
of water during the period October 1 through November 30, inclusive,
and not less than four thousand acre-feet of water during the period
May 1 through September 30, inclusive, if available: Provided, That
such amounts of water and times of delivery may be changed upon
approval of the Secretary of the Interior;
(b) Construction, operation, and maintenance of water
conveyance facilities
the public organizations or agencies, excluding the State of
California, shall construct, operate, and maintain any water
conveyance facilities necessary to deliver the water referred to in
subsection (a) of this section to a point or points within the
boundaries of such public organization or agency as designated by
the Service, or to such points as may be mutually agreed upon by the
public organization or agency and the Service. The Service shall be
responsible for delivering the water from such point or points to
appropriate locations within lands under its jurisdiction;
(c) Reversionary rights of Secretary
any contract entered into by the Secretary of the Interior and
any public organization or agency pursuant to sections 695d to 695j-
1 this title shall provide that in the event the public organization
or agency for any reason fails to carry out the obligations imposed
upon it by said contract or by sections 695d to 695j-1 this title,
the rights of use of any facilities referred to in subsection (b) of
this section, and the rights to all water contracted for by the
organization or agency pursuant to sections 695d to 695j-1 this
title shall revert to the Secretary of the Interior for migratory
waterfowl purposes in accordance with the laws of the State of
California; and
(d) Restrictive covenants
in accordance with existing or future contracts, the use of
lands located within the boundaries of the public organizations or
agencies shall be restricted by covenants requiring that such lands
be used only for the purpose of waterfowl and wildlife habitat
conservation or other uses as may be mutually agreed upon by the
public organizations or agencies and the Service.
(Aug. 27, 1954, ch. 1012, Sec. 6, 68 Stat. 879; Pub. L. 95-616,
Sec. 10(a), Nov. 8, 1978, 92 Stat. 3115.)
References in Text
The Federal reclamation laws, referred to in introductory text,
include the act of June 17, 1902, ch. 1093, 32 Stat. 388, as amended,
popularly known as the Reclamation Act, and Acts amendatory thereof and
supplementary thereto, classified generally to chapter 12 (Sec. 371 et
seq.) of Title 43, Public Lands. For complete classification of act June
17, 1902, to the Code, see Short Title note set out under section 371 of
Title 43 and Tables.
Amendments
1978--Pub. L. 95-616 inserted second sentence, including pars. (a)
to (d), and struck out prior second sentence which read as follows: ``If
and when available, such water shall be delivered from the Central
Valley project at a charge not to exceed the prevailing charge for class
2 water.''
Section Referred to in Other Sections
This section is referred to in sections 695g, 695j, 695j-1 of this
title.
